Administrative law judge salary

Newly Enacted California Statutes Statewide "Ban-the-Box" Legislation Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new law prohibits employers from inquiring about or considering a job applicant's conviction history prior to an offer of employment. Specifically, the new law amends California's Fair Employment and Housing Act ("FEHA") by making it unlawful for employers in California with five or more employees to include on any application for employment any question that seeks the disclosure of an applicant's conviction history; to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer; and, when conducting a conviction history background check, to consider, distribute, or disseminate information related to specified prior arrests, diversions, and convictions. The law expands existing "Ban-the-Box" legislation currently in … [Read more...] about California Employment Law Notes: November 2017

The Sweet Sixteen has come and gone and it was glorious. Streamed live over our new Apple Watches, 16 employment law issues battled it out for the right to move onto the Elite Eight, which will be held next week at Sixth Circuit Stadium in Cincinnati. The Sweet Sixteen featured some of our closest and most exciting games to date.Before we move on though, let’s quickly recap what we’ve learned during the first two weeks of the 2015 Employment Law Issues Tournament.No, the Sticky Hamamuffamonut Claw™ is not actually a real pastry, but it should be, and we have made it the official sponsor of this tournament on a going forward basis.Don’t make your employment law bracket selections or confess your crimes while hot mic’d in a hotel bathroom.Our tournament bracket is not white and gold; it is white and blue, and if you can’t see that, it’s on you.And finally, never, ever, underestimate the ridiculousness of our readers’ … [Read more...] about 2015 Employment Law Issues Tournament: Sweet Sixteen Results and Recaps

I. At-will employment and its exceptionsIn West Virginia, as a general rule, employment may be terminated at any time, with or without cause, at the will of either party. This is called the employment-at-will doctrine. See Williamson v. Sharvest Management Company, 415 S.E.2d 271 (W.Va. 1992). Under this doctrine, an employer can terminate an employee for a good reason, a bad reason, or no reason at all, so long as the reason is not illegal. Williams v. Precision Coil, Inc., 459 S.E.2d 329, 340 (W.Va. 1995). See also Town of Romney Housing Authority v. West Virginia Human Rights Commission, 406 S.E.2d 434, 438 (W.Va. 1991) ("the question is not whether an employment decision was essentially fair"); Conaway v. Eastern Associated Coal Corp., 358 S.E.2d 423 (W.Va. 1986) ("the reason [for discharge] need not be a particularly good one"). While the employment-at-will doctrine is the default rule in West Virginia, it is subject to many exceptions. A. Express employment … [Read more...] about “Labor and Employment Law,” West Virginia State Bar Practice Handbook

President Donald Trump has no record in public office and did not frequently discuss substantive labor and employment policy proposals during his election campaign. This hampers forecasting what his administration will do with respect to changing — or not changing — existing labor and employment laws, rules, and initiatives.Nevertheless, based on President Trump's agenda favoring reducing regulations and the evolving composition of his administration, it may be safe to predict that the Trump administration will pursue a pro-business labor and employment agenda that will contrast markedly with that of the Obama administration. This article addresses some of the policy shifts that employers can expect to see. Wage and Hour Law New Overtime Exemption Rule On November 22, 2016, a Texas federal judge issued a nationwide injunction temporarily enjoining the U.S. Department of Labor from implementing its new rule that doubled the salary threshold to $47,476 a year for … [Read more...] about What Employers Should Expect from Trump Administration in Workplace Law Developments

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages AwardState of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc)Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from her employment. After an eight-day trial, the jury found ASARCO liable on Aguilar's sexual harassment claims in violation of Title VII of the Civil Rights Act but not on her constructive termination or retaliation claims. The jury awarded Aguilar $1 in nominal damages and $868,750 in punitive damages. The district court reduced the award to $300,000 based on the statutory cap found in 42 U.S.C. § 1981a(b)(3)(D). ASARCO argued in this appeal that the 300,000-to-1 ratio of punitive to compensatory damages violated its due process rights under BMW of N. Am., Inc. v. Gore, 517 U.S. 559 (1996). … [Read more...] about California Employment Law Notes – January 2015

Newly signed bills set forth procedures and timing for providing personnel records, accurate wage statements and Wage Theft Notice for temporary workers, and laws on social media and religious dress in the workplace.In September 2012, California Governor Jerry Brown enacted more than 850 new laws—a number of which relate to employment. Almost all of the new employment laws will become effective on January 1, 2013. California employers will need to take prompt action to ensure compliance, including revising employment policies and practices. A reference chart summarizing the most important employment-related changes is provided below, followed by a more detailed discussion of these new laws and their impact. BillEffective DateTopicDescription AB 26741-1-2013Requires employers to respond to requests for personnel files within 30 days.Amends Cal. Labor Code § 1198.5 to require employers to respond to employees' written requests for personnel files within 30 days. … [Read more...] about Another New Wave of Employment Laws in California

The constitutionality of the SEC’s in-house administrative proceedings is in doubt following the 10th Circuit Court of Appeals’ ruling in Bandimere v. SEC.1 In Bandimere, a three-judge panel held, by a 2-1 decision, that SEC administrative law judges (“ALJs”) are inferior officers under the Appointments Clause of the Constitution and that they must be appointed in accordance with that clause, rather than hired as employees. The decision directly conflicts with the August 2016 holding of the Court of Appeals for the D.C. Circuit inRaymond J. Lucia Cos. v. SEC.2 This circuit split sets the stage for a potential Supreme Court review of the SEC’s administrative proceedings.Bandimere caps an eventful year for SEC administrative proceedings. Following several high-profile challenges to the agency’s in-house court, the SEC promulgated new rules for its ALJ hearings that expanded discovery and provided for longer … [Read more...] about The Tenth Circuit Rules SEC Administrative Judges Are Unconstitutional, Setting Up Potential Supreme Court Review

The Year Ahead: 2017Welcome to 2017, where 19 states have new minimum wages and California alone has at least 10 new legal requirements that apply to most employers. Federally, public corporations must now disclose the ratio of CEO compensation to the “median compensation” of their employees.Trump Picks Fast-Food CEO for Labor SecretaryPresident-elect Donald J. Trump has nominated fast-food CEO Andrew Puzder as his Secretary of Labor. The Senate confirmation hearing is currently set to begin the week of January 16. Mr. Puzder has said that regional minimum wages “make sense” as opposed to federal minimum wage increases “that kill jobs.” He has also opposed the Department of Labor’s proposed expansion of overtime eligibility. David Garland, from Epstein Becker Green, has more on this nomination.Persuader Case in Limbo Pending Trump ActionNew leadership at Labor might spell the end of one Obama-era policy already in limbo—the so called … [Read more...] about Fast-Food CEO for Labor Secretary, Persuader Case, Salary Thresholds for Overtime Exemption: Employment Law This Week – Jan 10, 2017 [VIDEO]

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field. We look at the latest trends, important court decisions, and new developments that could impact your work.This week’s stories include ... DOL Rescinds Joint-Employer and Classification GuidanceOur top story: The Department of Labor (“DOL”) withdraws Obama-era joint-employer guidance. Last week, the DOL announced that it has withdrawn its 2015 Administrator’s Interpretation on the misclassification of employees as independent contractors, as well as its 2016 guidance expanding the definition of a “joint employer.” Both Interpretations sought to expand the coverage of the Fair Labor Standards Act (“FLSA”) without the notice-and-comment requirements for new regulations. The DOL stated that this does not change the legal responsibilities of employers under the FLSA. New York City Mayor Signs "Fair Workweek" BillsNew York City enacts … [Read more...] about Employment Law This Week June 13, 2017: Joint-Employer Guidance Rescinded, NYC’s “Fair Workweek” Bills, ADA and Gender Dysphoria, Philadelphia’s Salary History Law [VIDEO]

Mr. Haresh M. Jagtiani is a Senior Advocate of the Bombay High Court and the Founding and Managing Partner of Oasis Counsel & Advisory. He has extensive litigation and arbitration experience and has represented clients in commercial, criminal, constitutional, civil, maritime and matrimonial disputes as well as disputes relating to income tax, power and electricity, intellectual property rights, and customs, excise and other indirect taxes. He is also a member of the Board of Trustees of ING Investment Management and the Indian division of ING Bank. He recently was also an independent Director on the Board of Bharat Petroleum Corporation Ltd. Mr. Jagtiani has successfully represented client at various fora including the Indian Council of Arbitration, the International Chamber of Commerce, the London Court of International Arbitration, the Singapore International Arbitration Centre and the Dubai International Arbitration Centre. Live Law: Sir, law as a … [Read more...] about No quick-fixes in law; if you are into litigation, you must have the patience to wait, Success will follow you: In conversation with Haresh M Jagtiani, Senior Advocate, Bombay HC